SRI BASAPPA G.K S/O G.K SHETTYEAPPA v. THE STATE OF KARNATAKA
CRL.P/103113/2024 · 2025-04-29
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50675 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50675 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:7062 CRL.P No. 103113 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF APRIL 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.103113 OF 2024
BETWEEN:
1.
SRI. BASAPPA G.K.
S/O. G.K SHETTYEAPPA, AGE: 78 YEARS, R/O: L. B. BADAVANE, KUTTUR TOWN, VIJAYANAGARA DIST – 583 201.
2.
SMT. GOURAMMA G.K.
W/O. BASAPPA G.K., AGE: 65 YEARS, R/O: L. B. BADAVANE, KUTTUR TOWN, VIJAYANAGARA DIST – 583 201.
3.
SMT. K.B. PUSHPA W/O. MANJUNATH S. V., AGE: 47 YEARS, R/O: MARIKUNTE POST, SUB DISTRICT JABALURU, DAVANAGERE DIST, 583 201. …PETITIONERS (BY SRI. J. S. SHETTY ASSOCIATES, ADVOCATE)
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:7062 CRL.P No. 103113 of 2024
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PSI KOTUR POLICE STATION AUTHORITIES, KOTUR CIRCLE, DIST: VIJAYANAGARA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD.
2.
SUPRIYA V.K. W/O. VEERESH K. B., AGE: 35 YEARS, R/O: L. B. BADAVANE, KUTTUR TOWN, VIJAYANAGARA DIST – 583 201.
PRESENTLY RESIDING AT HARIHAR TQ: HARIHAR, DIST: DAVANAGERE – 577 601. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
SMT. RESHMA MADIWALAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO THAT THE ENTIRE PROCEEDINGS INITIATED BY THE 2ND RESPONDENT IN KOTUR P.S.
CRIME NO.94/024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 498A, 504, 323, 342 AND SECTION 34 OF IPC, NOW PENDING BEFORE THE CIVIL JUDGE (SR.DN) AND JMFC, KUDLAGI, VIJAYANAGARA, INSOFAR AS THE PETITIONERSS/ACCUSED NO. 2 TO 4 ARE CONCERNED, MAY KINDLY BE QUASHED BY ALLOWING THIS CRIMINAL PETITION WITH THE COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2025:KHC-D:7062 CRL.P No. 103113 of 2024
ORAL ORDER
This petition is filed by accused Nos.2 to 4 under Section 482 of Cr.P.C/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’ for short] praying to quash the proceedings of Crime No.94/2024 pending on the file of Civil Judge [Senior Division] and JMFC, Kudligi, registered for offences punishable under Sections 498(A), 504, 506, 323, 342 r/w. Section 34 of Indian Penal Code [hereinafter referred to as ‘IPC’ for short]. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners and others in Crime No.94/2024 of Kottur Police Station for the offences punishable under Sections 498(A), 504, 506, 323, 342 r/w. Section 34 of IPC and Sections 3, 4 and 6 of DP Act. The Police after investigation filed chargesheet against the petitioners and others for the aforesaid offences. Based on the chargesheet, a case came to be registered against the
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NC: 2025:KHC-D:7062 CRL.P No. 103113 of 2024
petitioners in CC No.1260/2024 and it is pending on the file of Senior Civil Judge and JMFC, Kudligi. The proceedings of the said criminal case are sought to be quashed by the petitioners in the present petition. 3. Smt.Reshma Madiwalar, the learned counsel has filed vakalath for respondent No.2. Learned Additional Government Advocate accepts notice for respondent No.1- State. 4. A joint memo has been filed and it is signed by the petitioners, respondent No.2 and their respective counsels and it is enclosed with an affidavit of respondent No.2. 5. In terms of the joint memo, the matter has been settled between the petitioners and the respondent No.2. Respondent No.2 is present before the Court and submits that she has settled the matter with the petitioners and she has no objections for quashing the proceedings of the criminal case against the petitioners. - 5 -
NC: 2025:KHC-D:7062 CRL.P No. 103113 of 2024
6. In view of the said settlement between the parties, the proceedings in CC No.1260/2024 pending on the file of Senior Civil Judge and JMFC, Kudligi registered for offences punishable under Sections 498(A), 504, 506, 323, 342 r/w. Section 34 of IPC and Sections 3, 4 and 6 of DP Act [arising out of Crime No.94/2024 of Kottur Police Station] are quashed.
Accordingly, the petition is
disposed of.
SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE
PJ/ CT-ASC List No.: 1 Sl No.: 40